[clough41]

Here goes a long question. This is in New Hampshire. In 2000 my mom purchased a home to sell to us (myself & wife). We were to have 4-5 years to purchase. Our agreement was that she would by a broken property for cheap and we would fix it up to build equity that we could use to help with our purchase of the property. LL(mom) paid for most materials and we supplied labor at no cost. The total of labor cost is equivalent to $21,700.00. The value of the home went from $90,000.00 to $140,000.00 (tax value).

After the repairs stopped and we went for financing LL(mom) decided she did not want to pay capital gains tax so she would not allow us the equity in the home. Because of this we faced 100% financing which was not doable because of the failure of the market. She now is trying to evict us so that she can sell the house. She is selling for $120,000.00. That is going to give her a profit of $30,000.00 - $15,000.00 for items she paid for. So she profits $15,000.00 for the work we did and she is putting us in a homeless status.

We want the money for the work we did. She came up with this whole idea and it seems like she set us up for disaster. We have nothing in writing because this was the last thing we thought would happen. I mean seriously what type of mother/grandmother would do this.

Do we have a chance at getting our well deserved and EARNED money or are we up the creek without paddles? If we do have a case can we use this to prevent an eviction until after the case is heard? If we do have a case should we ask for more than the LABOR amount such as an emotional distress award, interest, or any other relief.

It sickens me that we may have to sue my own mother but what else of a choice do we have, as she is trying to put her only two grandchildren on the street!

As another side note I am a contractor who has a very solid reputation for quality work and my wife has had the same job since before she graduated high school (15+ years)! We are not druggies or drunks and everyone who knows us (except my mom) loves us and we are very well regarded in our community as being very good people. She on the other hand has destroyed two marriges both ending in tradegy, one being a suicide, and she's been with a married man for 13+ years! FYI (needed to get that out).

Is there anyone who can help?

[Fr_Chuck]

Unless you have a written lease with option, a contract for deed, or some written purchase agreement you are almost out of luck.If you have some contract to do the work. But you should not have put any money or labor into this home without having your name on the original deed, or having a written agreement with her. You can try putting a mechanics lien on the home, and fight it in court but it could go either way.And it appears she gave you a chance to purchase the home first, ( first option) so that will be her defense.But I doubt you can stop the eviction, you may get a lien but I am about 50/50 on it sticking in a court fight

[clough41]

If she paid for materials via HD credit card and she has no receipt for the work wouldn't that kind of constitute the question of who did the work? Would it not be reasonable to assume that if I have the reciepts for the heating system and witnesses to testify that I paid them to assist in the work that was performed that I should be entitled? I understand the contract thing but who expects to be screwed by their mom. By the way is it not law that LL must keep an operable heating system in a rental home? I have reciepts for the heating system that I had to pay for and install. Again I understand the contract thing and you can count your last breath on it that this will never happen again. God have mecy on her when it comes time to pick a nursing home for her.

[Fr_Chuck]

Courts don't assume, you have to have evidence that will prove. And perhaps you were merely working off your "rent". And if you read here enough, most people are "screwed" by family members more than anyone else,

As for as the heat, yes, so without the heat, you have the right to break any lease and move.

Again, part of the issue is it is a larger amount that small claims will allow, they allow more evidence in that is not proven ( your word against theres)

[clough41]

This is going to be messy I can see! Thanks for your answers.

[froggy7]

Yep... I can see the court case. You argue that you were doing this because you expected to get the sweat equity counted against the purchase price. She'll argue that you were doing it either as a discount on rent, or else just because you wanted to help your mother out, and are now changing your story because she has decided to sell the place and you can't afford it. And, if you don't have a lease (which it sounds like, or else some of this would have been written in it), then you are a month-to-month tenant, and she doesn't even have to evict you, just give you a 30-day notice that she will not be renewing the rental with you.